What are my options to get my money back

[famacctmach]

What is the name of your state (only U.S. law)? California

SF Bay Area real estate / HOA question - what's the best path fwd to get my money back?

HOA/Board authorized to overpay a vendor / vendor did not complete all tasks overcharged the HOA/Board. HOA/Board states that I should follow-up with the vendor to get my money back.

Background I caused some common space property damage, thus vendor provided a quote. I negotiated with the same vendor a better price for the total body of work. Total body of work was not completed as quoted. Vendor states that he lost money b/c he rented equipment that he didn't need.

Thank you in advance for your time & attention.

 

[adjusterjack]

You negotiated a contract for repairs.

The contractor did the repairs.

You paid him.

It's not clear what you are claiming or what your goal is.

Explain the following:

vendor did not complete all tasks. Total body of work was not completed as quoted.

Describe what was damaged. Give us the contract price that you paid to the vendor. Describe whatever items did not get completed.

Use words like: "I paid $1000 to have the wall fixed. The contractor left off the top row of block. I want $100 back."

You get the idea.

 

[famacctmach]

Additional details

Thanks for your time & feedback adjusterjack!

Orig quote was $1000 & I negotiated w/the vendor for an updated quote of $800. The $800 quote included $600 for paving; $100 for brush clean-up; and $100 for painting.

Since it's a common area within the community, I paid the HOA/the Board $800.

The vendor completed the brush clean-up & painting, but did not do any work for the paving. The vendor invoiced the HOA/the Board $800. The HOA/the Board paid the vendor $800. The HOA/the Board oversaw & approved the vendor's work.

I asked the HOA/the Board to refund me $600 and they stated that I should follow-up w/the vendor. The HOA/the Board's rationale of me following up is b/c I negotiated the updated quote and the HOA/the Board feels that the vendor should keep the $600 b/c he was inconvenienced by having to rent paving equipment even though no paving work was done.

Again, thank you in advance to adjusterjack & this community for their time & insights!

 

[Zigner]

Thanks for your time & feedback adjusterjack!

Orig quote was $1000 & I negotiated w/the vendor for an updated quote of $800. The $800 quote included $600 for paving; $100 for brush clean-up; and $100 for painting.

Since it's a common area within the community, I paid the HOA/the Board $800.

The vendor completed the brush clean-up & painting, but did not do any work for the paving. The vendor invoiced the HOA/the Board $800. The HOA/the Board paid the vendor $800. The HOA/the Board oversaw & approved the vendor's work.

I asked the HOA/the Board to refund me $600 and they stated that I should follow-up w/the vendor. The HOA/the Board's rationale of me following up is b/c I negotiated the updated quote and the HOA/the Board feels that the vendor should keep the $600 b/c he was inconvenienced by having to rent paving equipment even though no paving work was done.

Again, thank you in advance to adjusterjack & this community for their time & insights!

You have no cause of action against the vendor, rather, your beef is with the HOA Board.

 

[adjusterjack]

Orig quote was $1000 & I negotiated w/the vendor for an updated quote of $800. The $800 quote included $600 for paving; $100 for brush clean-up; and $100 for painting.

Since it's a common area within the community, I paid the HOA/the Board $800.

The vendor completed the brush clean-up & painting, but did not do any work for the paving. The vendor invoiced the HOA/the Board $800. The HOA/the Board paid the vendor $800. The HOA/the Board oversaw & approved the vendor's work.

I'm still not clear on something.

What needed to be done with the paving that it had to be included in the original quote?

Why wasn't the paving work done?

 

[famacctmach]

The HOA / Board wanted to re-pave part of the sidewalk, but it turned out that the City did this work, thus the vendor / contractor did not perform this work. Before the city did this work, the vendor / contractor quoted the re-pave.

Based upon zigner's feedback, how do I get the HOA / the Board to refund me my money?

Thank you to zigner, adjusterjack, and this community for their help!

 

[justalayman]

If the contractor was engaged to pave and he had expenditures based on that contract, unless he knew or had reason to know the city was going to pave the area he was contracted to pave, he has a right to recoup his costs.

So, when did the contractor become aware the city was going to perform the work he was enagaged to perform? Was he aware prior to renting the equipment?

 

[adjusterjack]

If the contractor was engaged to pave and he had expenditures based on that contract, unless he knew or had reason to know the city was going to pave the area he was contracted to pave, he has a right to recoup his costs.

I can agree with that.

But his "costs" are likely to be only a fraction of the $600 contemplated for the repaving part of the job.

For example, one can rent a 3.5 cu ft electric concrete mixer from Home Depot for $46 per day. Chances are that the mortar mixer would have been the only piece of equipment that he would have needed to rent and probably had most of the other smaller hand items already.

I think that the HOA just turned over the money because it wasn't the HOA's money.

Unfortunately, whether the HOA had any legal obligation to question the bill is anybody's guess.